HomeMy WebLinkAboutOrdinance 688-80 %il- - S33
- • - [
Ordinance No. 69g,Y"W
An Ordinance amending the Zoning Map of the
City of Everett, as provided by Everett
Municipal Code, Title 19 (Ordinance 3572)
-50 u W J y ? 1,")T +
WHEREAS, on September 26, 1979, the Planning Commission held a
public hearing regarding rezoning the hereinafter described property
from R-1, Single-Family Low-Density Residential to R-1, Single-Family
Low-Density Residential Planned Residential Development, and
WHEREAS, the City Council of Everett, after hearing the recommendations
of the Planning Commission of the City of Everett, has determined that said
property should be rezoned and zoned R-1 Single-Family Low-Density
Residential Planned Residential Development (per Ordinance 414-76,
Section 7D)
NOW, THEREFORE, the City of Everett does ordain:
Section 1: That the City Council of the City of Everett does
hereby find that the PRD zoning change hereinafter set forth
is in the best interest of the City of Everett and meets the
purpose and requirements of the Planned Residential Development
Ordinance No. 414-76.
Section 2: That the proposed zoning is based on the applicant
meeting the conditions stated in the attached development contract,
and developing the rezoned area per the project site plan.
Section 3: That the Zoning Map of the City of Everett as established
by Everett Municipal Code Title 19 (Ordinance 3572, Section 4, as
amended) is hereby amended as follows:
Lots 6 through 11, Block 2; Lots 1 through 12, Block 5
and all of Block 4, Plat of Soundview Addition.
Section 4: That the official zoning map shall upon the
passage of this Ordinance be amended by the City Clerk,
as hereinabove provided, and henceforth said property
shall be used in accordance with development requirements
stated in the attached contract.
Section 5: That failure to meet the conditions of the attached
contract shall result in reconsideration of this rezone action
by the Planning Commission and City Council, and future development
of said parcel shall then be subject to requirements of R-1,
Single-Family Low-Density Residential Zoning per Ordinance 414-76,
Section 7H.
Section 6: The City Clerk is hereby instructed to file the fully
certified copy of this Ordinance with the County Auditor of
Snohomish County, Washington.
ATTEST: CITY OF EVERETT
)
City Clerk, ?: Mayor
PASSED: 7- Q U
VALID: J 4:7- �'C)
PUBLISHED: .. AJ J-4)
{
GjN n IYj
LY
i? D
Uk 1 0 4997
CITY
ADDENDUM TO DEVELOPMENT AGREEMENT OF p _ �''� i ,`
ORDINANCE NO. 688-80 1 d'`r) if'� Vept V L T C
This Agreement is made and entered this 76 day of � c' L '
1987, by Walt Kjorsvik, hereinafter referred to as OWNER, and the City of
Everett, a municipal corporation under the laws of the State of Washington,
hereinafter referred to as the City.
WITNESSETH:
WHEREAS, Walt Kjorsvik, is the owner of the property known as
"Soundview Planned Residential Development," approximately 4.3 acres in
size, located in the Southeast Quadrant of the intersection of Glenwood
Avenue and 50th Street West, Everett, Snohomish County, Washington, the
legal description of which is attached hereto as Exhibit A and incorporated
herein by this reference; and
WHEREAS, on May 7, 1980, the Everett City Council passed Ordinance
#688-80, which amended the official zoning map of the City of Everett and
changed the zoning designation of the property known as "Soundview PRD,"
more fully described in the legal description attached hereto, from R-1 , •
Single Family Low Density Residential to "R-1, Single Family Low Density
Residential/Planned Residential Development"; and
WHEREAS, Ordinance #688-80 also set forth certain conditions for
development of the aforementioned property in the form of a "development
contract" which was entered into on May 27, 1980 by the City of Everett
Planning Director and the applicant, Badley Enterprises, Inc. ; and
WHEREAS, Walt Kjorsvik has purchased the property which is subject to
Ordinance No. 688-80 and the development agreement from Badley Enterprises,
Inc. 's successors in interest, Northcoast Properties and Investments, Inc. ;
and
WHEREAS, Walt Kjorsvik, as the current owner of the property, is
desirous of proceeding with the development of the subject property and has
sought some revisions in the development contract which have been
incorporated into this concomitant agreement; and
WHEREAS, the public health, safety, and welfare would be best served
by anticipating the impact of such development and imposing certain mutual
agreed upon standards, conditions and requirements which shall be documented
herein and considered to be an integral part of the zoning restrictions
applicable to the property; and
WHEREAS, the owner has agreed to develop the aforementioned property
in accordance with the requirements of this Agreement;
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
I. SUPERSEDE.
The conditions and obligations set forth in the Development Contract
for Soundview Planned Residential Development dated May 27, 1980, are
hereby superseded in their entirety by all conditions and obligations
set forth in this Agreement.
II. PLANNING DEPARTMENT REQUIREMENTS FOR DEVELOPMENT.
A. The project consists of 22 single family detached dwellings,
each on a separate lot, as indicated on the attached
preliminary plat map (sheet 1) and the attached site plan
(sheet 2).
Landscaping for the project must proceed in accordance with the
planting plan as shown on the attached site plan and attached
details (sheet 3) with the following added condition:
A foliage ledge of laurel, thuja, or equivalent thereof, shall
be planted along the north/south property line separating the
project from lots 4 & 5 of Soundview Addition (Agnew
property). Said hedge is to serve as a noise barrier and site
screen. The plantings must be a minimum of 3 feet high at the
time they are planted and grows to a minimum 6 feet height
within three years.
The off-street guest parking (6 spaces) is to be provided in
accordance with the attached site plan (sheet 1 ).
B. Development of the roadway area and building sites is to occur
during a dry season and shall proceed in accordance with the
recommendations contained in the Soils Report prepared by James
Eaton of Earth Sciences dated February 5, 1979. , unless
superseded by subsequent geotechnical recommendations contained
in studies performed in conjunction with the detail design of
site improvements.
-2-
• •
C. As an addendum to the soils report prepared by James Eaton of
Earth Sciences dated February 5, 1979, the Applicant shall
provide the Everett Planning Department additional information
on the soils near the property of Witness George Swearingen.
In particular, the soils report shall indicate the type of
soils, potential slippage and any mitigated measures for that
particular area of the plat. Should the information of the
soils report indicate that sloughage or slippage will occur,
the Applicant will be required to modify the preliminary plat
with the elimination of structures in this part of the site.
D. Prior to Final Subdivision Approval, the owner must prepare and
submit a set of conditions, covenants, and restrictions
(CC&R's) to the Planning Department for review. Maintenance
responsibilities for Open Space shall be set forth as well as
view preservation measures for adjacent properties.
III. FIRE DEPARTMENT REQUIREMENTS FOR DEVELOPMENT.
A. Hydrants
1. Water supply must meet fire flow requirements.
2. A fire hydrant is required within 350 driving feet of
every structure within the plat.
3. Residential sprinklers must be provided for each unit, to
be installed according to NFPA Standard 13D, Residential
Sprinklers. Such provision must include the right for
the Everett Fire Department to conduct inspections of
said sprinkler systems, as necessary, to assure proper
maintenance and operation. This generally means (at a
minimum) an annual survey.
4. Access to the rear of all units must be provided for fire
safety purposes. The City of Everett Fire Department
shall determine the sufficiency of the access areas prior
to the issuance of any Building Permits.
IV. PUBLIC WORKS DEPARTMENT FOR DEVELOPMENT.
A. Streets
1. Dedication of 40 feet of right-of-way for the new street
is required with 7-1/2 foot easements on each side for
utilities.
2. Full standard street improvements are required to the new
street including curb, gutter and sidewalk on both
sides. Glenwood Avenue shall have sidewalk installed on
the property's full frontage. The new street shall be 28
feet curb to curb with 5-foot sidewalks on both sides.
3. The street shall be constructed to City Design and
Construction Standards and the Washington State City
Design Standards, including horizontal and vertical
curves.
—3—
•
4. All existing, abutting right-of-way must be vacated:
50th Street West, El Charlee, Krogh Way, and Elma
Street. The City Engineer has waived the standard street
improvement requirements for that portion of the
right-of-way along the southeast corner of the property.
All rights-of-way, including 50th St. W. , El Charlee,
Krogh Way and Elma Street shall be improved to standard
City half street requirements, unless waived by the City
Engineer.
5. A covenant must be on the face of the plat that 4
off-street parking stalls must be provided per lot.
B. Utilities
1. Sewer mains constructed on this site should be within the
rights-of-way instead of on private property to the
extent possible.
2. Water shall be provided by the existing 12-inch main on
Glenwood Avenue rather than the main on Seahurst.
On-site water main shall be staked within an easement to
the City. The easement will be submitted to the City
prior to issuance of permits.
3. Sewer mains constructed on this site should be within the
rights-of-way instead of on private property to the
extent possible.
C. Drainage and Erosion Control
1 . In lieu of on-site detention, the City would be
interested in cost sharing in the construction of a
regional underground detention vault within Glenwood
Avenue. The detention vault would be constructed over
the existing 15" storm drain on the west side of Glenwood
Avenue.
2. A storm drainage system must be developed per City
Standards for this plat to discharge into Glenwood Avenue.
D. General Construction Requirements
1. Detailed drawings in accordance with City Design and
Construction Standards shall be submitted to the Public
Works Department showing utilities, storm drainage and
temporary construction erosion control and all required
improvements in the public right-of-way. Public Works
Department approval of these drawings is required prior
to any permits being issued. All improvements shall be
completed, approved, and warranted before the Final
Approval is granted.
2. City streets are to be kept clear of dirt and debris at
all times during construction. Dust suppression and
street cleaning must occur as directed by the Public
Works Inspector. Should the City of Everett be required
to clean any streets of dirt and debris caused by the
Applicant's activities, it shall be reimbursed for such
costs.
-4-
•
•
3. The street, sewer, water and storm drainage systems are
required to be constructed prior to final plat approval
or performance guarantees are required.
4. A one-year guarantee is required on the public street,
sewer, water and storm drainage for an amount not less
than 10% of the cost of construction and shall run for
one year from the date of final approval for the project.
5. Easements shall be per City Design Standards and Everett
Municipal Code.
6. During construction, all truck traffic to and from the
site shall be on arterial streets unless otherwise
approved by the Public Works Department. El Charlee
Street cannot be used by any construction-related traffic.
7. As-builts of storm sewer, sanitary sewer and water
systems will be required and must be submitted per City
Design and Construction Standards and Specifications.
8. Soil compaction testing shall be performed throughout the
construction of the public street and utilities. Density
curves shall be submitted to the Public Works Department
prior to permits being issued for any aspect of the
project. All work performed by the geotechnical engineer
or testing lab shall be reported directly to the City
Public Works Inspector before covering work can be
continued by the contractor. Daily reports shall be kept
by the soils investigator/tester and submitted to the
Public Works Inspector within 24 hours.
9. All exposed ground must be reseeded within 7 days of the
completion of construction. If reseeding is not
practical due to weather or seasonal problems, the ground
must be covered with mulch as directed by the City
Engineer.
10. The construction plans must be designed from a site
survey performed by a licensed State of Washington Land
Surveyor.
11. Any rockeries shall be constructed on private property
and designed per City Standards.
V. City of Everett Parks Department's Requirements for Development
1. The tot-lot is to be prepared in accordance with the
Parks and Recreation Department guidelines. At a
minimum, it is to be a level, grassed area. It is
suggested that the applicant consult with the Park
Department Staff on design considerations prior to the
tot-lot site preparation.
2. While adequate on-site recreational amenities will be
provided in the form of a "tot-lot" and other open space
area, it is the recommendation of Parks and Recreation
that a chainlink fence or other barrier be placed on the
topside of the tot-lot in order to limit the potential
for accidents due to the steep drop from the tot-lot to
road.
-5-
VI. RECORDING.
This Agreement shall be filed in the records of the Snohomish County
Auditor for the purpose of subjecting the property to the
restrictions, conditions and limitations herein set forth which are
intended and shall be deemed to be covenants running with the land
and binding upon the owner, their successors, tenants and assigns.
VII. ENFORCEMENT.
a. Any violation of this Agreement by the Owner, his successors
tenants or assigns, shall be considered a violation of the
Zoning Code of the City of Everett and shall be subject to all
applicable penalties.
b. Any building or structure set up, erected, built, moved or
maintained, or any use or development of the subject property
contrary to the provisions of this Agreement, shall be and the
same is hereby declared to be a public nuisance.
c. The City is hereby authorized to apply to any court of
competent jurisdiction for and such court, upon hearing and for
cause shown, may grant a preliminary, temporary or permanent
injunction restraining any person, firm/or corporation from
violating any of the provisions of this Agreement, and
compelling compliance with the provisions thereof.
d. The penalty and enforcement provisions provided herein shall
not be exclusive and the City may pursue any action, remedy or
relief it deems appropriate.
VIII. CONSTRUCTION OF AGREEMENT.
This Agreement is concomitant with the action of the City of Everett
zoning the property to the R-1 PRD classification. Nothing here
shall be construed as being agreed to in consideration for said
zoning, nor does the City relinquish its legislative power with
respect to said zoning in consideration for this Agreement.
IX. NON-WAIVER.
The waiver by any Owner or the City of the breach of a provision of
this Agreement by the other party will not operate or be construed as
a waiver of any subsequent breach by either party or prevent either
party from thereafter enforcing any such provision.
X. EFFECTIVE DATE.
This Agreement shall become effective only upon the occurrence of all
the following:
1) The property owner(s) identified herein have executed this
Agreement and submitted it to the City within thirty days of
the date of passage of Resolution No. 7 7 affecting
the subject property; and
2) The City has executed this Agreement.
I I
-6-
XI. OWNER.
By signing this document, the owner hereby certifies that he is
legally authorized to execute this agreement and be bound by the
provisions thereof.
IN WITNESS WHEREOF, the owner has executed this agreement in his name
and the City of Everett has caused the same to be duly executed by its
Mayor, the date and year first above written.
OWNER
# A.41.4‘,
Walt j7orsvik
William E. Moore, Mayor
City of Everett
Approved as to form:
t4 <1441446._
y Attorney
ATTEST:
Elaine Moschilli
City Clerk
4302F
-7-
Dated this �U 'n- day of Jit/e---)/ , 19 es-7
(/(.1//:-/ la-17
STATE OF WASHINGTON)
ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that
Walt Kjorsvik signed this instrument and acknowledged it to be his free and
voluntary act for the uses and purposes mentioned in the instrument.
Dated j J J4 /9 7
Signature of
(Seal or Stamp) Notary Publi %„% 14E/ • i 4-44
My appointment expires41191W
4302F
-8-
Bltz-6SZ/OOz (Oz86 Om'U°»r•/4S.&r -•c.1vlo act 3juo4Insuoo esn puoi
rna`�-ifity qy
- d dw 1V-7J A al bN r t-.r r-r`�d g•'' X
y- `v'.7 ix)-I 0-J:IA , 66-h . Od .1N7,...d077A 0 -IV((MO/S7'l 07 NNS' J V. M./Ac?A Inos 8
W P.n.I/uow., aop I ! /\V/V, /
n
1 —.. ( I A
_ j i• •
t
-0.° 4.,D 4 ill 4 - - •?
Ht".4...( 2 i,
V(tl
C34iII $;i
0J.
.a i rii � 1 J
L, I ;
-- ---
'`2' k I i' I)\\ V • .
.� i
b , /ii / ', I /1
1 i , IA I • • \ •_
, _ ...,... :......./ ,ii'v>/21 , r 1 a ( -..) lk ‘. \ N . 0 a
;"1.. z ,' �1 0 o 1fl
V
1
. ' ':1:4 -1::// , Z ij"i )\ :' ..:' 1111111' `,,\ " \ ' <
V
'\ \•
-' It:F, ),` , .., \ 11''1
1 ;� r' r I�� \-
• I _-1-------
\:\
-
\X\)cs,..) - .: '. '% :i; ' \. '. \ \. . H. x 1 ; ‘k\,,(,t \ , t
.., ! \iLL,, .‘ ., , ' i • ) I S. . .
,, .Z._ • ' / )14, ) v.) 1 ! i it/ ,,,\.\\,, !.. '''.
1-13 ... - ' • / }---x . \ ( 4i \ ♦ --------
• ' \-- ,,,,„.., ;7,:acixa ''',,, • -1 / L4 11; \ \ 1\C‘ ...1\\• \.e. .\ / \ t--
,1 , j__ _i_.,...7_,__z_r_l_. .- • ( \ \'S ' 1
\ ...,;:"
----------
-
-- COQ 1 w ( � ; 1 �'‘ %
1 8 � n'i qI.) !
r ', l j y� 1 ` /
1- \. .
.;�-� t ,, -m-.;J/ ,,, . �? ' 1
}
M .LC .ac 1 ` ...ti�a�'. X,. ' '7 �-� /I --
; T ; 2 a (.- l - 1 )�
I
(.�w-V..m
I
81.1l-69Z,90Z 10Z96 ons•ueiene/a9*WI 111/0 A9I00 ZZLL �a`In✓ /►►j]_��,/�f'1 ►L.J
cr 2..9.s ^J77� c-791- ci Q <:
�' ;.1 ,,,,,-,„cAcl Pencil/uolslAel atop 0=1/17S00=1/17S0 �-ti. vasa N�nA2 71- 1/s� C7. NN.•7d V M2/A0N/7OS i e '11
I
'V%.:.0.:41. .....ave+ S
z0j3
i 'ci. ,.. 3
IA It
ii 1 [l1 1 I, ki
i 6
__i -- - 3 3. I Y ��
= ��t , >
. I
y y 344
a.� as. ::.-1 til
y4
is, „ \ \ " \‘ \ N Z,i \) I. • '‘'' \ \ „
tf (....) , 2 O 0... .*
.J
1
H-H 6,2
i o
/'i a
X01 = % j
rff. 0
,..,
R I
M
111.
>B � i ILI o
p 4 II • o
1
A
1 u
-------1- --- —
z
MIlglgiI & k IP I 1 I
Ill'
11 •
,,Ei ma. t i- z
o
I .li ilid
LL
:Q I I II Ai LI11U o ;11 II'' I,I• , BC
_______,_ , „.
I -----,-
91.1L-6SZ/9OZ tOL9e Dm•ueiene/49 eirt-SAC lcm 7717 yS'IlU/OJIf1SU0{{3{�//��GSf1 F7UDI /rl
l.
,Gw 1.,,�,,•,e•>, .v.,.,ti N
�: wa,.= N'/ 7S T -L/S. 9 '
=L `�s"Z ?ds/A7Y bG-b . a7 I .LtJ o-7 A i -rru,v7.1,cz a.4rVN '1 j V I�f ^�j $ _
A0 Pan,/UOp,Aa, 0100 / ! //\Vninos
t
1 H A
. 4
i i Xi 2.
v
Is 4
e 9 MI
r R 3 A
i
cl
LI
y •Z '' lilt'
1 �ii r
Jtin �vr z� . Ji�a' Z 1 > Z �� c
'\ li 911 ((T'�'(r®° O O 1 ill 11
,', C-..
'l � �2 J 4 "� ..
c.,-..,
(i'ul ,
E-
1 ca
S • C
1 — '
1
1
a
1 4
�/ •'.„0"am' 6 •
/a' 41 \
1 p .
�Y - Q
/ , , ,,,,, ,,>, 1„ r_,,zi , ,. 6
- -L --- /7/i!. ./ : t;4 04 3
: : 'o. --i‘
: , \ 1 _ii"0- \ ‘17,12 1 issi
.%' i11 ! ® .i �� Z 1 a
...-s, 1 i 141, ,0 , ‘ , ---__S g /
'''. . iiiirlS
..."--.-''.. :,,,,,,. s., di ...,at" 1.. /1 litiliaoi-'04i, " ,c '
It1
116 1
r 7r .. .a «/ / I ` la- 1 1`•
,• i �r rk ,.\
Aliwie
— --- i ri»iiia h 41 I!• - t • • \
o: I -
8
r
•
• � + ,